[DugwayDuke]

"Well, if we decide we can't hold them forever, and they need to be tried, it seems to me that the appropriate thing to do is to give them full due process rights and full-dress criminal trials under the law"

Exactly what crime would you charge them with?

[JasonC]

It is silly to try to criminalize what is not a matter of law to begin with. They are not our subjects, they are not bound to any of our laws. They are men, they are therefore bound to moral codes, which most of these have systematically violated. But we do not need any claim arising from their conduct to justify detaining them. We detain them merely by force of arms, as they took arms against us. They declared themselves our enemies, we take it from them that they are, and protect ourselves from them. Law has nothing to do with it, no prior agreement of any kind having passed between them and us.

[Vicomte13]

"Well, if we decide we can't hold them forever, and they need to be tried, it seems to me that the appropriate thing to do is to give them full due process rights and full-dress criminal trials under the law"

"Exactly what crime would you charge them with?"

That would not be up to me to decide.
It would be up to the laws of Iraq and Afghanistan, to which we would extradite them for full trials on whatever charges those legal systems make against them, followed by the inevitable executions.

We don't have to try them. The countries in which they committed their crimes can charge them and try them and execute them under their systems of law in their jurisdictions.

I will leave what to charge them with up to the cleverness of Iraqi and Afghan government prosecutors.